DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-20 are pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “At least two connection mechanisms” in claims 1 and 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The specification identifies the at least two connection mechanisms as welded connection using a flat bar, a direct welded connection, a fastening mechanism, or a chemical affixture in [0072] and in claim 8.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5-9, 12-15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dombowsky et al (“Dombowsky”) (US 2021/0238843) in view of Friend (US 6,494,639).
Re claim 1, Dombowsky discloses a connection assembly mechanism (Fig. 1, Fig. 18) comprising:
a hollow box section member (10) having a first set of elongated connectors (14, 18),
wherein the first set of elongated connectors (14, 18) extends from an outer surface (Fig. 1) of a first vertical member (30) of the hollow box section member (10),
wherein the first set of elongated connectors (14, 18) is configured for embedding within ([0028]) a horizontal precast (as no point in time is recited) structure (40), and
wherein an outer surface (of 54) of a second vertical member (54) of the hollow box section member (10) is configured for flush-mounting (Fig. 2) on a lateral side (of 40) of the horizontal precast structure (40);
a first wall bracket (150) having a first horizontal flange (see examiner comments) and a first vertical flange (see examiner comments) orthogonal to each other (Fig. 18),
a pocket member (into which 150 is inserted) of a first vertical structure (142), and
wherein an outer surface (outer surface of that which is shown in the examiner comments) of the first horizontal flange (see examiner comments) is configured for flush-mounting (Fig. 18) with the base portion (of the pocket which receives 150) of the pocket member (which receives 150) of the first vertical structure (142); and
a second wall bracket (162) having a second horizontal flange (see examiner comments) and a second vertical flange (see examiner comments) orthogonal to each other (Fig. 18),
wherein an outer surface (of that shown in the examiner comments) of the second horizontal flange (see examiner comments) is configured for flush-mounting (Fig. 18) with a base portion (of 138) of the second vertical structure (138); and
at least two connection mechanisms (166, 146, both constituting fastening mechanisms) configured for coupling (Fig. 18) the outer surface (outer surface of the horizontal flange of the examiner comments) of the first horizontal flange (see examiner comments) of the first wall bracket (150) and the outer surface (outer surface of the second horizontal flange of the examiner comments) of the second horizontal flange (see examiner comments) of the second wall bracket (162) with an outer surface (of 136) of a first horizontal member (136) of the hollow box section member (10) and an outer surface (of 66) of a second horizontal member (66) of the hollow box section member (10), respectively, thereby coupling (Fig. 18) the first vertical structure (142) and the second vertical structure (138),
but fails to disclose wherein a first set of shear connectors extending from inner surfaces of the first horizontal flange and the first vertical flange is configured for embedding within a base portion of a pocket member of a first vertical precast structure, the first vertical structure as precast, wherein a second set of shear connectors extending from inner surfaces of the second horizontal flange and the second vertical flange is configured for embedding towards bottom end of a second vertical precast structure, and the second vertical structure as precast.
However, Friend discloses the first vertical structure (Dombowsky: 142) as precast (Col 1 lines 49-51) and the second vertical structure (Dombowsky: 138) as precast (Col 1 lines 49-51).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection assembly mechanism of Dombowsky with the first vertical structure as precast and the second vertical structure as precast as disclosed by Friend in order to utilize a durable, quality controlled material, with faster off-site construction which provides cost-effectiveness and reduced labor, all well-known benefits of precast structures. Moreover, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
In addition, Friend discloses wherein a first set of shear connectors (46, 58) extending from inner surfaces (inner surfaces of 24 and 54) of the first horizontal flange (54; as applied to 150 of Dombowsky) and the first vertical flange (24; as applied to 150 of Dombowsky) is configured for embedding within a base portion (Fig. 3) of a pocket member (per the above) of the first vertical precast structure (Dombowsky: 142), wherein a second set of shear connectors (46, 58) extending from inner surfaces (inner surfaces of 24 and 54) of the second horizontal flange (54; as applied to 162 of Dombowsky) and the second vertical flange (24; as applied to 162 of Dombowsky) is configured for embedding (Fig. 3) towards bottom end (bottom of 138 of Dombowsky) of a second vertical precast structure (Dombowsky; 138).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection assembly mechanism of Dombowsky wherein a first set of shear connectors extending from inner surfaces of the first horizontal flange and the first vertical flange is configured for embedding within a base portion of a pocket member of a first vertical precast structure, wherein a second set of shear connectors extending from inner surfaces of the second horizontal flange and the second vertical flange is configured for embedding towards bottom end of a second vertical precast structure as disclosed by Friend in order to increase stability within the precast structures through use of embedded anchors.
Re claim 5, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, wherein the first horizontal flange (see examiner comments) and the first vertical flange (see examiner comments) of the first wall bracket (150) conform with an edge portion (Fig. 3) of the base portion (of that which receives 150) of the pocket member (150) provided at a top portion (top of 142) of the first vertical precast structure (142).
Re claim 6, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, wherein the outer surface (of that shown in the examiner comments) of the first vertical flange (see examiner comments) of the first wall bracket (150) is configured for flush-mounting (Fig. 18) at a vertical portion orthogonal to the base portion (Fig. 3) of the pocket member (which receives 150) of the first vertical precast structure.
Re claim 7, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, wherein the second horizontal flange (see examiner comments) and the second vertical flange (see examiner comments) of the second wall bracket (162) conform with an edge portion (Fig. 3) of the base portion (of that which receives 162) of the pocket member (at 162) provided at a basea portion (bottom of 138) of the first vertical precast structure (138).
Re claim 8, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, wherein the outer surface (of that shown in the examiner comments) of the second vertical flange (see examiner comments) of the second wall bracket (162) is configured for flush-mounting (Fig. 18) at a vertical portion orthogonal to the base portion (Fig. 3) of the base portion (bottom of 142) of the second vertical precast structure (142).
Re claim 9, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, wherein each connection mechanism (166, 146) of the at least two connection mechanisms (166, 146) corresponds to one of a welded connection using a flat bar, a direct welded connection, a fastening mechanism (166, 146, both constituting fastening mechanisms), or a chemical affixture.
Re claim 12, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, wherein the first set of elongated connectors (14, 18) comprises a base-side connector (18) configured for embedding within a concrete portion of the horizontal precast structure (18 is capable of the claimed embedment), wherein the first set of elongated connectors (14, 18) further comprises a top-side connector (14) configured for embedding within a structural topping of the horizontal precast structure (18 is capable of the claimed embedment),
but fails to disclose the base-side connector as base-side connectors, and the top-side connector as top-side connectors.
However, it would have been obvious one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection assembly mechanism of Dombowsky with the base-side connector as base-side connectors, and the top-side connector as top-side connectors in order to better and more rgidly anchor within concrete. It has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
Re claim 13, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, wherein the horizontal precast structure (40) is one of a precast slab (40) or a precast beam.
Re claim 14, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, wherein the first vertical precast structure (142) is a bottom wall (Fig. 18), and the second vertical precast structure (38) is a top wall (Fig. 18).
Re claim 15, Dombowsky discloses a connection method (Fig. 19) for connecting precast structures (Fig. 19 is capable of use for connecting precast structures), comprising:
flush-mounting (Fig. 18 showing flush-mounting) an outer surface (of 52) of a second vertical member (52) of a hollow box section member (10) with a lateral side (side of 40) of the horizontal precast (as no point in time is claimed) structure (40),
wherein a first set of elongated connectors (14, 18), extending from an outer surface (of 30) of a first vertical member (30) of the hollow box section member (10), is embedded within ([0029]) a horizontal precast (as no point in time is claimed) structure (40);
flush-mounting (Fig. 18 showing flush-mounting) an outer surface (of that shown in the examiner comments) of a first horizontal flange (see examiner comments) of a first wall bracket (150) with a base portion (bottom of that which receives 150) of a pocket member (which receives 150) of a first vertical structure (142),
flush-mounting (Fig. 18 showing flush-mounting) an outer surface (outer surface of that which is shown in the examiner comments) of a second horizontal flange (see examation comments) with a base portion (base of 138) of a second vertical structure (138), and
coupling (Fig. 18 showing coupling) the outer surfaces (of those shown in the examiner comments) of the first horizontal flange (see examation comments) of the first wall bracket (150) and the second horizontal flange (see examation comments) of the second wall bracket (162) with respective outer surfaces (of 136, of 66) of a first horizontal member (66) and a second horizontal member (136) of the hollow box section member (10), using at least two connection mechanisms (166, 146, both constituting fastening mechanisms) at a construction site (any site of assembly is a “construction site”), thereby coupling (Fig. 18) the first vertical structure (142) and the second vertical structure (138),
but fails to disclose the first vertical structure as precast, wherein a first set of shear connectors extending from inner surfaces of the first horizontal flange and a first vertical flange of the first wall bracket is embedded within the base portion of a pocket member of the first vertical precast structure, the second vertical structure as precast, wherein a second set of shear connectors extending from inner surfaces of the second horizontal flange and a second vertical flange is embedded towards bottom end of the second vertical precast structure.
However, Friend discloses the first vertical structure (Dombowsky: 142) as precast (Col 1 lines 49-51) and the second vertical structure (Dombowsky: 138) as precast (Col 1 lines 49-51).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection method of Dombowsky with the first vertical structure as precast and the second vertical structure as precast as disclosed by Friend in order to utilize a durable, quality controlled material, with faster off-site construction which provides cost-effectiveness and reduced labor, all well-known benefits of precast structures. Moreover, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
In addition, Friend discloses wherein a first set of shear connectors (46, 58) extending from inner surfaces (inner surfaces of 24 and 54) of the first horizontal flange (54; as applied to 150 of Dombowsky) and the first vertical flange (24; as applied to 150 of Dombowsky) of the first wall bracket (150) is embedded (Fig. 3) within the base portion (Fig. 3) of the pocket member (per the above) of the first vertical precast structure (Dombowsky: 142), wherein a second set of shear connectors (46, 58) extending from inner surfaces (inner surfaces of 24 and 54) of the second horizontal flange (54; as applied to 162 of Dombowsky) and the second vertical flange (24; as applied to 162 of Dombowsky) is embedded (Fig. 3) towards bottom end (bottom of 138 of Dombowsky) of the second vertical precast structure (Dombowsky; 138).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection method of Dombowsky wherein a first set of shear connectors extending from inner surfaces of the first horizontal flange and a first vertical flange of the first wall bracket is embedded within the base portion of a pocket member of the first vertical precast structure, wherein a second set of shear connectors extending from inner surfaces of the second horizontal flange and a second vertical flange is embedded towards bottom end of the second vertical precast structure as disclosed by Friend in order to increase stability within the precast structures through use of embedded anchors.
Re claim 20, Dombowsky as modified discloses the connection method according to claim 15, wherein each connection mechanism (166, 146) of the at least two connection mechanisms (166, 146) corresponds to one of a welded connection using a flat bar, a direct welded connection, a fastening mechanism (166, 146, both constituting fastening mechanisms), or a chemical affixture.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dombowsky et al (“Dombowsky”) (US 2021/0238843) in view of Friend (US 6,494,639) and Mason et al (“Mason”) (US 2023/0068655).
Re claim 2, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, but fails to disclose further comprising a first elastic pad configured for slab bearing between the outer surface of the first horizontal flange of the first wall bracket and the outer surface of the first horizontal member of the hollow box section member.
However, Mason discloses further comprising a first elastic pad (56, [0104]) configured for slab bearing (56 is capable of slab bearing) between the outer surface of the first horizontal flange (as applied to Dombowsky per the examiner comments) of the first wall bracket (Dombowsky: 162) and the outer surface of the first horizontal member (as applied to Dombowsky per the examiner comments) of the hollow box section member (Dombowsky: 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify connection assembly mechanism of Dombowsky further comprising a first elastic pad configured for slab bearing between the outer surface of the first horizontal flange of the first wall bracket and the outer surface of the first horizontal member of the hollow box section member as disclosed by Mason in order to reduce vibrations therebeteween ([0104]).
Re claim 3, Dombowsky as modified discloses the connection assembly mechanism according to claim 1, but fails to disclose further comprising a second elastic pad configured for slab bearing between the outer surface of the second horizontal flange of the second wall bracket and the outer surface of the second horizontal member of the hollow box section member.
However, Mason discloses further comprising a second elastic pad (56, [0104]) configured for slab bearing (56 is capable of slab bearing) between the outer surface of the second horizontal flange (as applied to Dombowsky per the examiner comments) of the second wall bracket (Dombowsky: 162) and the outer surface of the second horizontal member (as applied to Dombowsky per the examiner comments) of the hollow box section member (Dombowsky: 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify connection assembly mechanism of Dombowsky further comprising a second elastic pad configured for slab bearing between the outer surface of the second horizontal flange of the second wall bracket and the outer surface of the second horizontal member of the hollow box section member as disclosed by Mason in order to reduce vibrations therebeteween ([0104]).
Claim(s) 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dombowsky et al (“Dombowsky”) (US 2021/0238843) in view of Friend (US 6,494,639) and Van Rijn (US 2006/0080932).
Re claim 16, Dombowsky as modified discloses the connection method according to claim 15, further comprising determining (Fig. 18 showing items determined) a type (Fig. 18 showing a type), a quantity (Fig. 18 showing a quantity), and a size (Fig. 18 showing a relative size) of a connection assembly mechanism (10) for coupling the first vertical precast structure (142) and the second vertical precast structure (138), and determining ([0032]) based a second set of parameters ([0032] disclosing weight of the floor, Fig. 18 showing orientation of 138, 142 and 94) associated with at least one of the first vertical precast structure (142) and the second vertical precast structure (138) and the horizontal precast structure (94), but fails to disclose determining based on a first set of parameters associated with the connection assembly mechanism.
However, Van Rijn discloses determining ([0013]) based on a first set of parameters ([0013] disclosing tensile strength, [0029] disclosing material hardness) associated with the connection assembly mechanism (92).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify connection assembly mechanism of Dombowsky with determining based on a first set of parameters associated with the connection assembly mechanism as disclosed by Van Rijn in order to optimize load bearing capacity of the connection assembly. Moreover, selection of parameters to design concrete, connections and embedments therefor are extremely well-known and generally required in the art.
Re claim 17, Dombowsky as modified the connection method according to claim 16, Van Rijn discloses wherein the first set of parameters ([0013] disclosing tensile strength, [0029] disclosing material hardness) includes material specifications ([0013] disclosing tensile strength, [0029] disclosing material hardness) of the connection assembly mechanism (92).
Re claim 18, Dombowsky as modified the connection method according to claim 17, Van Rijn discloses wherein the material specifications ([0013] disclosing tensile strength, [00298] disclosing material hardness) of the connection assembly (92) correspond to at least tensile strength ([0013]) and hardness ([0029]) of the connection assembly mechanism (92).
Re claim 19, Dombowsky as modified the connection method according to claim 16, wherein the second set of parameters ([0032] disclosing weight of the floor, Fig. 18 showing orientation of 138, 142 and 94) includes environmental conditions (Fig. 18 showing orientation) and at least one of a location, an orientation, and a weight ([0032]) disclosing weight) of at least one of the horizontal precast structure (94) and the first (142) and the second vertical precast structures (138).
Allowable Subject Matter
Claim(s) 4, 10-11 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner Comments
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520
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635